Terms and Conditions of Use
Intertrade Caribe Corp. (hereinafter the “Company”) offers you access to this website (hereinafter the “Site”) based strictly on the terms set forth in these Terms and Conditions of Use (hereinafter “Terms”).  By visiting, using and/or registering in the Site (if registration is permitted), and/or logging in or out of the Site (individually and collectively, the “Service”), you are accepting and agreeing to be bound by each of the terms and conditions set forth in these Terms.  The Company may modify these Terms at any time and without notice, and may limit or deny access to, or change the content of Site.  Any amendments to the Terms set forth herein are effective upon being posted.  You should, therefore, review these Terms from time to time.  Your access and use of the Site and/or the Service after the effective date of any amendment to the Terms means that you have accepted such amendment and constitutes your agreement to be bound by the then current Terms.
You may only use the Service in accordance with these Terms, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.  The Service is solely for personal non-commercial use as provided by these Terms.
Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-assignable and revocable right to a limited use of the Site for the purposes stated in these Terms in order to access and observe through an Internet browser its content, if available and provided by the Company, and to use the limited functionalities of the Site such as registration, logging in and out, and purchasing as may be provided, changed and limited by the Company from time to time.
You grant to the Company a transferable, assignable right to use the information you may supply to the Site, including but not limited to the use of the information to provide you with products or services and to execute any appropriate charges as further explained in these Terms.
The Privacy Policy that appears in the Site, and any and all terms, prices, restrictions on use, limitations to you, conditions, and covenants that appear on the Site (including, without limitation, the prices for any products, if any) are incorporated herein, except that these Terms shall govern and control any contradiction between these Terms and the terms, prices, restrictions on use, limitations, conditions and covenants that appear in the Site.

Applicability
Information and materials displayed on the Site, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in the United States and not necessarily to Company products sold in other markets.

  1. COPYRIGHT & TRADEMARKS  

The Service as well as all the content included in the Site, including without limitation the text, graphics, logos, icons, screens and configurations, photographs, audio and video clips, picture images, website architecture, format, layout and data structures, product names, model numbers, logos, commercial symbols, trade names and slogans, are the property of the Company or its licensors (or is a nominative use of trademark) and is protected by United States and international copyright and trademark laws.   All software used in the Service and in this Site is the property of the Company or its software suppliers and is also protected by United States’ and international copyright laws.  You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms.   You do not acquire any ownership rights by printing or downloading any information or using the Site and/or the Service. 
You may browse this Site and download or print a copy of material displayed on the Site for your personal use only.  This limited consent shall automatically terminate upon your breach of any of these Terms.  Any use of the content or software of the Service or the Site other than for the express services provided is strictly prohibited, including without limitation reproducing, modifying, distributing, transmitting, replicating or public exhibition, or creating derivative works.  Any unauthorized use of these materials may violate copyright, trademark and privacy laws and other applicable statutes.
You are prohibited from using any of the marks appearing on this Site without the express prior written consent of the Company, except as permitted by applicable laws. Other marks and logos shown on this Site may be owned by third parties not affiliated with the Company and are used with permission.

Submissions
Any communication or material you transmit to the Site (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) will be treated as non-confidential and non-proprietary. All materials transmitted to the Site become the property of the Company and may be used for any purpose. The Company may publish the material and/or incorporate it or any concepts described in it in our products without compensation, restrictions on use, acknowledgement of source, accountability, or liability.


  1. PROHIBITED ACTIVITIES     

  2. You may not hack the Site.

  3. You may not upload any destructive programs, information, files, or software such as viruses and/or self-replicating codes, or take any other actions to harm the Site, other computers nor any electronic equipment.

  4. You may not transmit, broadcast, retransmit, rebroadcast, distribute, redistribute, or make any commercial use of the Site and/or the Service. You may not copy, reproduce or prepare derivative works from, publicly perform, publicly display or distribute the Service or the Site in any manner not expressly authorized by the Company.

  5. You will not reverse engineer, decrypt, decompile, or otherwise alter or interfere with the Site or the Service or attempt to do so or assist or encourage others in doing so.

If you breach or infringe, or the Company reasonably suspects that you may have breached or infringed any of the clauses in this section, or any other clauses, representations, and covenants of these Terms, the Company may, in its sole discretion, suspend, cancel, and/or terminate access to the Site and/or the Service or any part thereof with or without previous notice to you. The Company may, in its sole discretion, terminate these Terms or suspend, cancel or terminate any right or license granted in these Terms and/or the Service or any part thereof for any or no reason with or without notice to you. If the Company suspends, cancels, or terminates the Service or your account under this paragraph, the Company shall have no liability or responsibility to you, including without limitation that the Company will not be responsible for any payments made by you for any Service or products not delivered.  This paragraph will not be interpreted as creating any responsibility on the Company. Your infringement of any of the Terms, including without limitation the clauses in this section II, does not provide you the right to any refunds from the Company.
You understand and agree that any unauthorized use of the Site or the Service will result in irreparable injury to the Company, its affiliates and/or their business partners, and/or licensors for which monetary compensation would be inadequate, and in such event and/or in a breach of these Terms, the Company, its affiliates and/or their business partners, licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you.  Nothing contained in this paragraph or elsewhere in these Terms shall be construed as to limit remedies or relief available pursuant to statutory or other claims that the Company, its affiliates, and/or their business partners, and/or licensors may have under other clauses of these Terms or under separate legal authority, including but not limited to, any claim for intellectual property infringement.


  1. LINKS

As a convenience, the Site, the Service, electronic communications delivering content, and electronic versions of products or services, may contain links to other Internet sites that are owned and/or operated by third parties.  By offering you these links, the Company is not endorsing any other sites, products or services, and the Company has no responsibility or liability, directly or indirectly, for such third party sites, including without limitation for their content.  You access linked sites at your own risk and you should review and determine if you agree to a particular site's terms and conditions of use before using such site.  The Company, its affiliates and/or their business partners may present promotional materials and advertisements through the Site and the Service.  Such promotional materials and events belonging to the aforementioned third parties including, without limitation, payment and delivery of goods or services, your interaction with such third parties and their corresponding terms, conditions, and covenants are solely between you and such third party.  The Company and/or its affiliates and their business partners shall not be responsible for any transactions or any claims you may have with such third parties.


  1. DISCLAIMERS

ALL DATA CONTAINED ON THE SITE RELATING TO THIRD PARTY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO, PRICES, AVAILABILITY OF SERVICE OR PRODUCT, PRODUCT FEATURE OR SERVICE COVERAGE, IF ANY, SHOULD BE VERIFIED WITH THE PARTY SUPPLYING THE PRODUCT OR SERVICE.  THE COMPANY MAY AT ANY TIME WITHOUT NOTICE AMEND THE DATA DISPLAYED ON THE SITE.  WHILE THE COMPANY ENDEAVORS TO PERIODICALLY UPDATE POSTED INFORMATION, NOT ALL INFORMATION MAY BE CURRENT, AND THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF SUCH DATA.  SPECIFICATIONS ON THE SITE ARE FOR COMPARISON PURPOSES ONLY.  MANUFACTURER'S SUGGESTED RETAIL PRICE (MSRP) EXCLUDES TRANSPORTATION FEES, TAXES, LICENSE, TITLE, OPTIONAL OR REGIONALLY REQUIRED EQUIPMENT.  ACTUAL DEALER PRICE MAY VARY.  THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY DATA CONTAINED ON THIS WEBSITE.
THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PARTS THEREOF, ARE PROVIDED AS A COVENIENCE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE USE OF THE SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, IS ENTIRELY AT YOUR OWN RISK.  THE COMPANY AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, AFFILIATES AND BUSINESS PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY AND ALL PARTS THEREOF, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THE SITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL PARTS THEREOF, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.  THE COMPANY AND/OR THE COMPANY’S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE SITE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY AND/OR THE COMPANY’S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE SITE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF THE DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER INFORMATION OR DATA THAT MAY RESULT FROM THAT USE.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES OR BUSINESS PARTNERS, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.  THE COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY CONTENT PROVIDED THROUGH THE SERVICE OR FOR ANY DOWNLOAD OR CONTENT YOU FIND OBJECTIONABLE.
UNDER NO CIRCUMSTANCE SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, BUSINESS PARTNERS, EMPLOYEES, AGENTS, AND AFFILIATES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SITE, EVEN IF THE COMPANY AND/OR ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, BUSINESS PARTNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS AND AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


  1. RELEASE 

YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE USE OF THE SITE OR ANY SERVICE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF THE COMPANY IN OPERATING THE SITE, THE SERVICE OR OTHERWISE.


  1. LIMITATION OF LIABILITY

NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS SITE OR THE INABILITY TO GAIN ACCESS TO THE SITE.  YOU AGREE THAT, IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR THE USE OF THE SERVICE THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM THE COMPANY’S NEGLIGENCE.  IN ANY EVENT, THE COMPANY’S LIABILITY TO YOU IS LIMITED TO $100.00.
The Company may in its sole discretion terminate the Terms or change, modify, discontinue, inactivate, suspend, cancel or terminate your account and/or the Site and/or the Service or any part thereof for any or no reason with or without previous notice to you.  The Company shall not be liable to you or to any third party for any modification and/or discontinuation of the Site and/or the Service or any part thereof.


  1. INDEMNITY

You agree to indemnify the Company and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates (collectively, the Indemnitees) for, from and against any loss, claims, actions, demands, causes of action, and other proceedings (collectively the “Claims”) by reason of, in any way relating to, or arising out of:  (a) your use of the Site and/or the Service or any part thereof and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of the Site and/or the Service; (c) any content or information uploaded by you or through your account to the Site, the Service, the computer systems running the Site and/or the Service or otherwise; and (d) any violation of these Terms.  You agree to reimburse any and all Indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation attorney’s fees and court and filing fees and costs, as result of any Claims.


  1. EXPORT RESTRICTIONS

United States export laws and regulations restrict the exportation and/or re-exportation through downloading or otherwise into certain embargoed countries which include, but might not be limited to, Cuba, Iraq, Libya, North Korea, Iran and Syria.  By downloading from the Site, you are representing that you are not located in any of the prohibited countries.


  1. APPLICABLE LAW AND JURISDICTION

These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence.  You agree that the federal and state courts located in the Commonwealth of Puerto Rico shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and you irrevocably submit to the jurisdiction of such courts.


  1. FORCE MAJEURE

The Company will not be liable in any amount for failure to perform under these Terms if such failure is caused by power, Internet or communication outages, fire, flood, earthquakes, tornadoes, hurricanes, wars, acts of God, force majeure, or the occurrence of any other unforeseen contingency or event beyond the control of the Company.  If you fail to receive a product, service or the Service because of network congestion or unavailability, you may contact the Company at pancho@intertradecaribe.com or franco@intertradecaribe.com.   


  1. ENTIRE AGREEMENT; NON-SEVERABILITY     

These Terms constitute the entire agreement between you and the Company and supersede all prior agreements and understandings, whether written or oral or otherwise, with respect to the subject matter of these Terms.  If any term, provision, covenant or restriction of the Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of the Terms shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.  The Company’s failure to pursue any available claim or defense pursuant to the Terms will not be a waiver of such claim or defense.  The headings used in this document are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.


  1. Survivability

Articles I, IV, V, VI, VII, VIII, IX, X, and XI, as well as the Privacy Policy of the Site shall survive any termination or expiration of these Terms.